Legal Rights

If you're ministering at a public university, you and your students have rights you might not be aware of. Read the following (provided courtesy of the Alliance Defense Fund). They've won an astounding number of Supreme Court cases, and really know what they're talking about.

If you have any questions or are facing unconstitutional policies on your campus, please call Sumi Thomas at 1-800-TELL-ADF (835-5233) or email her from the http://www.telladf.org/ website - they will give you free advice and possibly even take on your case pro bono.

If you're at a private university, the rules are slightly different. Call them to get more guidance.

Speech Codes

Have you been restricted by the school in communicating your views?

Example: Your school has policies prohibiting speech that is “offensive” or “intimidating” or “disparaging” on the basis of religion, sexual orientation, or punishing students for stating “discriminatory” views in class or in assignments, etc.

Fact: You have the right to express your faith and other views on campus subject to reasonable time, place and manner guidelines. You have the right to express your views in writing, orally, or in some other symbolic or demonstrative form. The rules for Christians cannot be different in term or application than others.

Mandatory Diversity Training

Does your school force students to attend “diversity training” intended to change students’ attitude or sincerely held belief or require students to demonstrate their tolerance, etc.?

Example: Your school has a policy which requires in-coming freshmen or resident assistants to attend classes where the instructor criticizes or denounces the beliefs of the attendees, especially conservative Christian beliefs and beliefs opposing homosexual behavior and requires attendees to affirm their agreement

Fact: You have the right to opt out of diversity training, if the topic of discussion goes against a sincerely held belief.

Student Fees

Is your organization treated differently because it is religious, politically conservative or work to affirm life?

Example: Your school has policies which do not allow your group to obtain funding or limit the amount of funding or require that your group be treated as an unofficial club or restrict use of bulletin boards or announcement mechanisms or impose any other form of second class treatment because your group is Christian, Orthodox Jewish, politically conservative or have other “disapproved views.”

Fact: You have the right to be treated as all other student groups and cannot be singled out for negative treatment because your group is deemed to be “controversial.”

Speech Zones

Does your school have a “non-discrimination” “free speech zone” that limits where you may present your views?

Example: Your school has policies limiting “controversial” speakers to small, out of the way areas of campus. Some campuses have enforced these policies only against conservatives or Christian speakers, and ignore them for groups with “acceptable” views.

Fact: You have the right to speak in the same time, place and manner as any other group on campus and be free of substantial restrictions on your speech and expression.

Non-Discrimination Statement

Does your school have a “non- discrimination” policy that applies to student groups?

Example: Your school has a policy which states that your organization cannot meet on campus or receive funds unless you sign a statement saying that you will not “discriminate” on the basis of “religion” or “creed” or “marital status” or “sexual orientation” when selecting officers or members. This means you could be violating the policy if your faith-based organization requires officers or members adhere to faith principles (the university would view this as religious or creed discrimination) or if you dismiss officers for sexual immorality as defined by your faith beliefs (the university could view this as marital status or sexual orientation discrimination).

Fact: You have the right to meet with people, who hold similar views, and you have the right to determine the purpose, faith position and content of your group’s speech-free from interference.

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